MEMORANDUM OF UNDERSTANDING 

BETWEEN THE SPIRIT LAKE TRIBE AND 

THE NORTH DAKOTA HIGHWAY PATROL 

1. PARTIES 

The parties to this Memorandum ofUnderstanding (hereinafter "Agreement") are the North 

Dakota Highway Patrol (hereinafter "Department"), an agency ofthe State ofNorth Dakota 

(hereinafter "State"), and law enforcement operating on behalfofthe Spirit Lake Tribe 

(hereinafter "Tribe"). 

2. PURPOSE 

This Agreement is to facilitate a cooperative law enforcement effort between the 

Department/State and the Tribe to provide mutual aid and assistance to each other for the 

safety and protection ofthe citizens of North Dakota and those persons who live or travel 

within the boundaries ofthe Spirit Lake Nation. This Agreement is intended to facilitate a 

cooperative law enforcement effort to provide mutual aid and assistance for public safety by 

the Tribe and the State and does not constitute nor shall this Agreement be construed as a 

waiver, admission, or concession ofjurisdiction or claims by the Department, State or the 

Tribe, and cannot be used to further or promote litigation or legislation. 

3. DEFINITIONS 

A. "Indian" means any person ofIndian descent who is a member of a federally recognized 

Indian Tribe according to the laws ofthat Tribe, and any other person recognized by 

federal law as an Indian for any purpose. 

B. "Non-Indian" means anyone who does not fall within this Agreement's definition of 

"Indian." 

C. "Reservation" means all lands lying within the exterior boundaries ofthe Spirit Lake 

Tribe's Reservation as established by the Treaty of 1867 between the United States 

Government and the Sisseton Wahpeton Sioux Bands oflndians and subsequent 

agreements, Executive Orders and Congressional actions. 

D. "Indian Land" means land within the exterior boundaries of an Indian Reservation held in 

trust by the federal government for the benefit ofan Indian Tribe or an Indian and land 

held within the exterior boundaries ofan Indian Reservation owned in fee by an Indian 

Tribe or an Indian. 

E. "Emergency" means incidents that threaten public safety, health, and/or welfare. 

4. STATEMENT OF MUTUAL BENEFITS AND INTEREST 

Whereas the parties to this Agreement desire to provide the most efficient law enforcement 

and police protection to the residents ofNorth Dakota and the Spirit Lake Nation. Towards 

this end, the parties mutually agree as follows: 

Memorandum of Understanding 

Spirit Lake Tribe and North Dakota Highway Patrol 

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5. TO THE EXTENT RESOURCES PERMIT, THE PARTIES MAKE THE 

FOLLOWING COMMITMENTS: 

A. Emergency Calls for Service 

1) Emergency calls for service will result in a response by the closest available peace 

officer until a party with primary responsibility can and does assume lead. 

2) Additional resources may be dispatched as necessary by either party to ensure control 

and mitigation ofthe emergency event. 

B. Requests for Assistance/Mutual Aid 

I) Any party may request assistance from another party at any time. Assistance may 

include, but is not limited to, response to criminal activity, search and rescue efforts, 

emergency management, collaborative enforcement and training. 

2) The level of assistance provided is subject to the party's available resources at the 

time of the request. 

C. General Law Enforcement Presence Authorization 

By entering into this Agreement, the Spirit Lake Tribe hereby authorizes and empowers 

the Department/State to provide a general law enforcement presence within the 

boundaries ofthe Spirit Lake Nation. 

D. Temporary Detainment or Arrest 

I) A peace officer without jurisdiction is authorized under this Agreement to 

temporarily hold, detain, or arrest an individual until a peace officer with jurisdiction 

takes custody ofthe individual. 

2) A peace officer without jurisdiction who detains or arrests an individual should 

immediately contact the party that has jurisdiction and follow the directives that party 

gives for resolution ofthe arrest or detention. 

3) A peace officer with jurisdiction may communicate to a peace officer without 

jurisdiction directives to detain or arrest an individual until such time as a peace 

officer with jurisdiction can assume custody ofthe individual. Such communication 

is a mutual aid request and conveys temporary police powers. 

4) In the event a peace officer with jurisdiction cannot respond to the scene, an officer 

without jurisdiction may transport the detained or arrested individual to the party with 

jurisdiction. 

E. Pursuits 

I) A peace officer may continue onto or offofthe Reservation in active pursuit of an 

individual who fails or refuses to bring the vehicle to a stop, or who otherwise flees or 

attempts to elude, in any manner, a pursuing police vehicle or peace officer, subject to 

the pursuing party's pursuit policy. 

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Spirit Lake Tribe and North Dakota Highway Patrol 

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2) The pursuing officer will notify their respective dispatch. The respective dispatch 

will then notify the other party' s dispatch ofthe pursuit. 

3) Ifapprehended as a result of a pursuit, the peace officer who initiated or completed 

the apprehension may detain or arrest the individual, secure any evidence and 

transport the individual offor onto the Reservation depending upon where the pursuit 

originated. 

4) Ifavailable, the party having jurisdiction at the location ofthe pursuit will take the 

lead. 

5) The party having jurisdiction may terminate the pursuit at any time based on the 

pursuing party' s policy or officer discretion. 

F. Use ofForce 

I) Ifa situation arises where force is necessary, each officer is governed by their 

policies. 

2) Each party is responsible for any liability incurred by its own officer(s) acting within 

the scope oftheir employment, whether acting on behalf ofthe requesting entity or 

the responding entity. Accordingly, each party will provide insurance coverage for its 

own employees. 

6. IT IS FURTHER MUTUALLY UNDERSTOOD BY AND BETWEEN PARTIES 

THAT: 

A. This Agreement will be executed and performed in accordance with Section 54-40.2 of 

the NDCC, except that the parties expressly agree that this document need not be 

submitted to the United States Secretary ofInterior for approval before its execution and 

implementation. 

B. Where there is enforcement action required concerning Indian and non-Indian citizens, 

the enforcement action will be coordinated between the parties in good faith discussions 

on a government-to-government basis. 

C. This Agreement shall be effective from the date ofthe last signature affixed below and 

shall continue for five (5) years unless otherwise terminated or modified in writing. At 

regular intervals, this Agreement will be subjected to a thorough review by the 

Department/State and the Tribe to determine if changes are appropriate. These reviews 

can be requested by any participating party and/or the North Dakota Indian Affairs 

Commission (hereinafter "NDIAC"). 

D. Upon request, a party will promptly provide the requesting party with information related 

to traffic and criminal violations. 

E. Upon request, the parties further agree to cooperate in the prosecution of violations by 

meeting with prosecuting attorneys, sharing evidence, providing testimony at trial, etc. 

Memorandum of Understanding 

Spirit Lake Tribe and North Dakota Highway Patrol 

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F. The parties agree to share crime statistics with each other ifrequested and if available. 

No party is required to develop any separate crime statistics in furtherance ofthis 

Agreement. Available crime statistics that can be cumulated to assist all parties in 

resource allegation, public understanding or investigative targeting should be shared with 

any other party to this Agreement. 

G. The principal contacts for this instrument are: 

1) Tribe 

Chairman Douglas Yankton 

Spirit Lake Tribe 

PO Box 359 

Fort Totten, ND 58335 

Telephone: (701) 766-4221 

Facsimile: (70 l) 766-4126 

E-mail: douglasy@spiritlakenation.com 

2) Department 

Colonel Brandon Solberg 

North Dakota Highway Patrol 

600 E Boulevard A venue 

Bismarck, ND 58505 

Telephone: (701) 328-2447 

Facsimile: (70 l) 328-1717 

Email: bjsolberg@nd.gov 

H. The term ofthis Agreement commences upon approval by the Governor ofNorth Dakota 

and the Chairperson ofthe Spirit Lake Tribe and shall remain in force until the parties 

mutually agree that the Agreement is no longer in force. After giving the other party 

timely notice in writing, either party may withdraw from the Agreement. 

I. Before withdrawing from this Agreement, both parties agree that written notice ofthe 

intent to withdraw will be sent to the NDIAC and that notice shall include the reasons for 

withdrawing from this Agreement. The parties further agree that they will allow the 

NDIAC a reasonable time to mediate any conflicts before a party withdraws from this 

Agreement. Ifa party files a request with the NDIAC for mediation, the adverse party 

agrees to respond to that request and participate in the NDIAC mediation process. Ifthe 

mediation process fails to resolve conflict, a party may withdraw from the Agreement at 

that time. 

J. Nothing in this Agreement shall be interpreted as diminishing or enhancing the sovereign 

rights ofthe respective parties, including sovereign immunity ofthe parties, except as 

may be specifically stated herein. 

Memorandum of Understanding 

Spirit Lake Tribe and North Dakota Highway Patrol 

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K. This Agreement shall not be permitted to be used in any way by either party in any 

litigation brought by any person, including the parties to this Agreement, that may arise 

within the Tribe or State regarding the substance of any issue covered by this Agreement 

other than with respect to enforcement ofthis Agreement. 

L. This Agreement may not be amended in any manner except by written agreement signed 

by both parties in accordance with N.D.C.C. Ch. 54-40.2 and the relevant laws ofthe 

Spirit Lake Tribe. 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe last 

written date below. 

Dated this i.!l_ day o(T1⁄2.'°\::::<.. , 2022. 

Spirit Lake Tribe 

Dated this }~-:;-ay of J (),t)2., , 2022. 

Dated this /'/day of J(/ ~ , 2022. 

Brandon Solberg, Colonef 

North Dakota Highway Patrol 

Memorandum of Understanding 

Spirit Lake Tribe and North Dakota Highway Patrol 

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